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AN ACT
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relating to providing prevocational or similar services under |
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certain Medicaid waiver programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.0755 to read as follows: |
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Sec. 32.0755. PREVOCATIONAL SERVICES UNDER CERTAIN WAIVER |
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PROGRAMS. (a) In this section, "prevocational services" means |
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services that are designed to prepare an individual for paid or |
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unpaid work and achieve a generalized result rather than being |
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job-task oriented. |
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(b) Prevocational services provided under the community |
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living assistance and support services (CLASS) waiver program or |
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another medical assistance waiver program providing long-term |
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services or supports to a medical assistance recipient should be |
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designed to assist the recipient in achieving competitive |
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integrated employment in the community receiving compensation at or |
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above the minimum wage in the recipient's community and in |
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accordance with state and federal law. |
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(c) The commission shall seek a waiver or other necessary |
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authorization from the appropriate federal agency to include |
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prevocational services as part of the individualized skills and |
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socialization services delivered under a medical assistance waiver |
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program providing long-term services and supports. |
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(d) If the commission's request for a waiver or other |
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authorization under Subsection (c) is not granted, the commission |
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shall collaborate with relevant stakeholders and applicable |
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federal agencies to establish a service similar to prevocational |
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services in a manner that is authorized by federal law. |
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(e) If the commission is granted a waiver or other |
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authorization under Subsection (d): |
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(1) the reimbursement rate for the service the |
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commission establishes under that subsection may not exceed the |
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reimbursement rate for individualized skills and socialization |
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services; and |
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(2) if the service is combined with individualized |
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skills and socialization services, the commission shall ensure the |
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service may not exceed the total allowable hours or the total costs |
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for individualized skills and socialization services provided |
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under a service plan. |
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(f) The executive commissioner by rule shall establish |
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clearly stated, service-related performance standards applicable |
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to providers providing prevocational or similar services to |
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recipients under a medical assistance waiver program in accordance |
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with this section. The commission shall monitor the performance of |
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each provider of prevocational or similar services under a medical |
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assistance waiver program to ensure compliance with those |
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standards. |
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SECTION 2. (a) As soon as practicable after the effective |
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date of this Act, the Health and Human Services Commission shall |
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apply for and actively pursue from the appropriate federal agency |
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the waiver or other authorization required by Section 32.0755(c), |
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Human Resources Code, as added by this Act. The commission may |
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delay implementing other provisions of this Act until the waiver or |
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other authorization applied for under that subsection is granted. |
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(b) If the waiver or other authorization under Section |
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32.0755(c), Human Resources Code, as added by this Act, is not |
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granted, the Health and Human Services Commission shall, not later |
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than the 60th day after the date the waiver or other authorization |
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is denied, apply for a waiver or other authorization under Section |
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32.0755(d), Human Resources Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4169 was passed by the House on May 9, |
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2023, by the following vote: Yeas 134, Nays 5, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4169 on May 25, 2023, by the following vote: Yeas 142, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4169 was passed by the Senate, with |
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amendments, on May 23, 2023, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |